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Case of promissory estoppel
Case of promissory estoppel
Case of promissory estoppel
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"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320) A legally enforceable is a contract or agreement that set promises between two parties. For example, a realtor signed a contract with a couple to sell the couple apartment in two months. The realtor was able to sell the couple house in two months. The article "When is a contract legally enforceable?", helped me understand legally enforceable because it talks about the elements of a contract which are "offer and acceptance, legal consideration, capacity to create a …show more content…
(2016). Uniform commercial code and legal definition. Retrieved from https://definitions.uslegal.com/u/uniform-commercial-code/ Promissory Estoppel Promissory estoppel is when " one person might rely on a promise made by another even though the promise and the relevant circumstances are not sufficient to justify the conclusion that a contract exists" (Mallor et al., 2015, p. 333). Promissory estoppel is when a person makes a promise to somebody and they end up back out of the promise. For example, "A promises B that he would not enforce his legal rights and B acted and relied on it without giving any consideration, equity would not allow A to renege on his promise to B" (LawTeacher, n.d.). LawTeacher. (n.d.). Promissory estoppel. Retrieved from https://www.lawteacher.net/cases/contract-law/promissory-estoppel.php The article " Promissory estoppel" helped me understand promissory estoppel because in the article it talks about what promissory estoppel is and they also broke down promissory estoppel for a better understanding. The article states that the elements that a promissory estoppel needs to make a claim is "a promisor, a promisee, and a detriment that the promisee has suffered" (Investopedia,
Defining Issue: In order to make an agreement binding one element that must be used is consideration. Without consideration an agreement may not be enforceable, even if there has been an offer and acceptance. What a promiser demands and receives is the price for the promise, which is consideration. A person who makes the promise is called the promisor, while the person to whom the promise is made to is called the promisee. However, the promisor is not entitled to consideration.
Legally enforceable "A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party." (Scheffel, Evan, and Jane P. Mallor, 2010. Chapter 9, Page 321) The Lambert v. Barron case showed us an example of what happens when a contract does not contain all elements to become a legally enforceable contract. Mr. Barron did not accept the offer, Mr. Lambert made no promise to recover money from the disputed contracts owed to Mr. Barron, so there was no promise to perform.
A promissory estoppel is present if one party makes a promise to the other knowing that the other will rely on it. If the other party relies on it, there would be an injustice if the promise was not enforced. In the case of Sam and the chain store, unless the chain store had already paid him and/or spent money in anticipation of the arrival of the 1000 units, promissory estoppel would not be present since they did not rely on Sam’s promise. However, since the text reads that the chain store wrote a letter to Sam demanding that the 1000 units be sent, it implies that they had relied upon that
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
Gillett v. Holt The doctrine of proprietary estoppel is an equitable intervention in cases where the enforcement of legal rights is considered by the courts to be unconscionably unfair. The essence of the doctrine arises, as defined by Snell: '[when] one (A) is encouraged to act to his detriment by the representations or encouragement of another (O) so that it would be unconscionable for O to insist on his strict legal rights.' (McGhee, 2000, p.637) In the absence of a written agreement, estoppel acts as an evidentiary tool with which the courts can help ensure fair interaction in property dealings. Proprietary estoppel is a method by which informal arrangements are recognized as being capable of creating proprietary interests.
Lord Denning described estoppel succinctly as ‘a principle of justice and equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so’ . Proprietary estoppel in turn is an informal method by which proprietary rights can arise. It can provide a defence to an action by a landowner who seeks to enforce his strict rights against someone who has been informally promised some right or liberty over the land. In turn it can be used as a defence or a cause of action. In order to show how the two doctrines are quite similar, a description of the elements of proprie...
The making of a promise involves the voluntary giving of one's word that, if and when a particular circumstance or situation comes about, one will undertake to act in a manner defined by the terms of the promise one has given. The act of making the promise, in other words, implies a willingness to keep it. What is being agreed is that, on the basis of something said in the past, one's future actions will, insofar as the future is foreseeable, follow a particular course and no other.
(a) he neither makes the contract in the course of a business nor holds himself out as doing so; and
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
Misrepresentation has not been defined as a statement of fact which is untrue and which induces the other to enter into the contract. To sue for misrepresentation Victor must prove that:- i) the statement made by Ian were statement of fact ii) and the statement had induced him to enter into the contract. The following 3 statement made by Ion are relevant for an actionable misrepresentation i) tha... ... middle of paper ... ... rm of the contract and not mere representation.
There are three basic essentials to the creation of contract which will be recognised and enforced by the courts. These are: contractual intention, agreement and consideration.
It involves professional ethics and indicated an explicit promise
Misrepresentation – giving a false statement to the other party with the intentions to benefit or to exploit the other party than the law can end the contract in that case.
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
In the case of one party promising to give another party £50, it is merely seen as a gift, therefore this is considered unenforceable as a simple contract. This may be justifiable as there is nothing which clearly illustrates that, it is a necessity for a party to give something, in order for them to be able to enforce a promise. This is also known as the “quid pro quo,” it has been similarly illustrated in; Dunlop v Selfridge [1915] AC 847 (HL).